Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 32

Exception-special services or facilities

32. Exception-special services or facilities



(1) A firm, or a person intending to establish a firm, may discriminate
against a person seeking admission to the firm as a partner or against a
partner in the firm on the basis of impairment if-

   (a)  in order to perform the genuine and reasonable requirements of
        partnership in the firm-

   (i)  the person or partner requires or would require special services or
        facilities; and

   (ii) it is not reasonable in the circumstances for those special services
        or facilities to be provided; or

   (b)  the person or partner cannot or could not adequately perform the
        genuine and reasonable requirements of partnership in the firm even
        after the provision of special services or facilities.

(2) In determining whether or not a person can or could adequately perform the
requirements of partnership, all relevant factors and circumstances must be
considered, including-

   (a)  the person's training, qualifications and experience;

   (b)  the person's current performance as a partner, if applicable.